How do you define project success? A project completed within
cost, time, and quality constraints set forth in the "contract
documents" is successful. Deficiencies in any of these
areas cause projects to fail.
Beginning in the conceptual phase, most decisions are made
"instinctively," leaving risks implicit and managed
by judgment informed by the experience of the particular project
participant. Leaving risks to be dealt with in this manner
often leads to the painful consequences of protracted disputes,
delays and unanticipated costs. Following are 10 mistakes
that, in our experience, are commonly committed in the development
process and result in problems for the development team; ultimately
the owners/investors:
1. Lack of pre-project planning
Pre-project planning requires a focused effort. History
proves that the lack of systematized pre-project planning
is the actual cause of failed projects and an enormous amount
of disputes that occur throughout the design development,
construction and post-construction phases. Pre-project planning
starts with program and scope definition. The process involves:
integrating and coordinating all project plans to create
a consistent, coherent document; carrying out the project
plan by performing the activities included in the project
plan and coordinating changes across the entire project.
The process then seeks to ensure that the project includes
all work required to complete the project successfully.
The goal is to plan to achieve a "project baseline"
in terms of scope, costs and time. In this manner, changes
can be more easily determined and managed and claims can
be minimized, if not altogether avoided.
2. Contracting out of habit
Interestingly, most of our new clients have no process
for determining what contracting strategy is best suited
for the particular project at issue. If there is a process,
it's the "one used last time." Suffice it to say
that this is not always the best method to use when it comes
to developing specific contracts for specific projects.
3. Lack of adequate budget planning
We see too many instances when an unsupported project budget
drives contracted costs. The result not surprisingly is
costs "overruns." In a market when escalation
of costs is as prevalent as weight gain, adequate budget
planning has become a science. Reliance on "old"
budgets does not work. Even if the chosen general contractor
is brought in early on a "pre-construction" basis,
most general contractors are not adept to estimate costs
when the plans are not sufficiently complete. Beyond hard
and soft costs, there is time, requiring a developer to
have a time and costs management program.
4. Lack of adequate contingency planning
Contingency planning is too often left to chance. There
are a number of methods available for determining the contingency
for handling uncertainties. Generally they are traditional,
through the use of allowances based on past experience;
simulation-methods that use the power of the computer to
predict the possible range of outcomes for the project;
analytical, through the use of the mathematics of probability
to assess and combine the effects of the individual events
into an overall measure of risk; and discrete event-through
the use of decision trees, influence diagrams and utility
theory.
There are tools that can be implemented to address this
issue. Borrowing from the design/build community, we have
engaged a process that implements so called conceptual estimating,
also known as cost modeling or parametric estimating. These
methods of estimating allow for a process of establishing
a project's cost, often before any graphical representation
of the development has been developed.
5. Lack of proper design-related buy-out
Yes, there is a design consultant "buy-out" process.
Almost all developers universally rely on proposals issued
by all of these consultants. What almost all of these proposals
include is an insufficient description of the services included.
What almost always happens is claims by these consultants
for more money. Developers need to stop relying on these
proposals and learn how to buy out all of the services that
will be required from the get go. This can be accomplished
by preparing your own RFP's that contain all of the essential
requirements and some extra ones that make sense to negotiate
before the consultants starts on the job and has you over
the barrel on any terms and conditions.
6. Lack of adequate contract administration/change
management
So you have great contracts. These contracts contain adequate
definitions of scope, scheduling requirements, what is and
is not included as part of the costs of the work, etc. Unlike
other contracts, contracts for design and construction must
be continuously managed. The main ingredients of any construction
contract are scope, time, costs and quality. Most disputes
involving scope and the associated time and cost impact
not quickly addressed are left open. The hope that they
will just go away doesn't happen. This usually benefits
the contractor not the developer. Recognizing that change
occurs on every construction project, the need for establishing
a change management process is essential to project success.
7. Lack of real-time dispute/claim
management
In the construction industry, the idea of shifting focus
away from the task at hand and embarking on litigating any
issue is as well received as April 15 of any given year.
Most contracts deal with disputes by forcing litigation
or if the parties believe they are progressive by arbitration.
Neither of these mechanisms work. A much better way to deal
with disputes is by engaging a real time dispute process.
One process that we like is called early neutral evaluation.
This process involves consultants that are specialist in
the area of the dispute. For example, if the dispute involves
a differing site condition claim by the contractor, the
neutral is a geologist. The geologist is neutral in that
he/she does not work for the developer or the contractor,
but is recognized as having an expertise and is acceptable
to both parties. A short position paper is prepared by each
side and the neutral makes a decision within an agreed upon
period of time. The decision is typically not binding, but
sufficient to bring the parties to an agreement. Once the
process is effectively used on one issue, we find that the
developer and the contractor work out their issues must
more timely and reasonably.
8. Lack of Coordinated Contract Documents
The contract is one of the most critical contract documents
in that it requires the participation and coordination of
at least eight very separate and distinct participants.
Otherwise, the contract will serve the best interest of
the one who governs it, resulting in costly and painful
disputes if you are not that one.
9. Lack of Rresource management
The modern trend is to reduce overhead which often results
in the shedding of resources. This can be detrimental to
the success of a project. Not only are sufficient resources
required, but, more importantly, the right resources. Utilizing
the warm body available can lead to more work rather than
less. Alignment of project participants is also critical
to the successful delivery of any project. Too often, tasking
is managed by experience with no system for lessons learned
or differences in the program. Creation of defined work
structures occurs once alignment is achieved. Many project
owners tend to allow the contracting process to drive this
effort. This is not the best approach. Not only does it
drive up the cost of contracting, it leaves the "scoping"
of the work to those not ordinarily involved in the planning.
If left to a lawyer not trained in this process, the results
will be an agreement that does not reflect the program.
This happens more often than most would suspect. Worse,
given the recent legal trend relating to the abandonment
of contracts, risks are substantially increased.
10. Reliance on risk transfer not
risk magement
Those seeking to increase the likelihood of project success
will evaluate what the risks are, what risks they can best
control and bear and thus benefit from having these risks
assigned to them. Once assigned, systematic attention to
assumed risk will make the difference between being rewarded
and being punished for taking the risk. Studies presented
by several leading industry organizations, have concluded
the following: 1) Risk belongs with the party best able
to evaluate, control, bear the cost and benefit from its
assumption. 2) Sometimes risks should be shared. 3) Every
risk has an associated and unavoidable cost that must be
assumed somewhere in the process. This is where insurance
becomes increasingly critical. Just because a party may
not be able to bear the financial consequences of an assumed
risk does not mean the risk should not be assigned to that
party if it otherwise is in the best position to evaluate
and control the transferred risks.